New Article Proposes Alternatives to Class Action Litigation

Professor Linda Mullenix, the Morris and Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written an intriguing retrospective about the American “love affair” with class actions and the “evolving dysfunction” of that procedure. She argues that although “class actions are not dead,” “they are just badly done and in compelling need for rethinking of the class action rule.” In place of what we have now – a landscape dominated by Rule 23(b)(3) class actions – she advocates for a “reformed, simplified class action rule” focusing on injunctive remedies, alongside more robust public regulatory enforcement. An intriguing read, and thanks to the authors of the What’s Fair?: A Blog of the Law of Unfair and Deceptive Trade Practices for bringing this to our attention!